Pro Se? Translation: Pro Pay. Better Get Your Wallet Out!

Good afternoon Blogosphere!  I'm rekindling an old article from a different forum on Chicago Law Source, for some good old fashioned news you can use, 2014-style.

Have you ever thought that for a legal matter it would be simpler and cheaper to forego hiring an attorney and to represent yourself?  You have probably heard many horror stories of legal bills and cases gone "awry" what with us lawyers charging so much for our services.  Well, even in hard economic times, it really makes more sense than not to still hire an attorney, rather than venturing off on your own.  

Even if you think you know how to present your case, here are Five Reasons why you should not do it!

       

                  1)        You don't know the Code of Civil Procedure in your state and there are very technical rules in all courts that mandate how you file things, how you present your facts, and timelines for filing documents.

                   

                  2)        The judge is not permitted to help you and they cannot give you advice and it is expected that pro se parties conduct themselves as skillfully as attorneys.

                   

                  3)        You will not EVER be able to objectively review your case against the other side's case, because you are biased and you can't think clearly on your own issue.

                   

                  4)       You will take much longer to handle your own case because you will do at least some things wrong, so it's more efficient (and thus less stressful) to hire an attorney.

                   

                  5)        You haven't been trained to analyze facts vs. law so you won't know what to argue and when and you may get hung up on trying to present factual arguments when the issue is legal, etc.  

                   

When considering whether to hire an attorney, you must evaluate your case objectively, and an attorney's job is to tell you whether you have a case.  Nine times out of ten, what the client thinks is important is not as important as it was believed to be.  

Additionally, when pro se parties represent themselves, because they so often do things incorrectly, the whole system gets clogged and the process slows, because the judge has to deal with a cog in the wheel.  Have you ever seen a traffic jam on a highway because of an accident?  You bet!  Well that happened because someone made a mistake, and the rest of us have to wait for it to be cleaned up so traffic can move.  A courtroom functions in the same way, and when you are there arguing how you know what you are doing and how you should get special treatment because you don't have or can't afford an attorney, that is just as much of a traffic jam as it would be if we were in the car.  Moreover, when I as an attorney have to wait in a courtroom for a pro se party to finish their speech, my clients (i.e. you who may be reading this) must pay for my time to sit there!  

Translation:  pro se parties cost everyone more!

As a result, before you think you should go to court on your own, it's highly advisable to at least get a few opinions from attorneys to evaluate your case.  If you can handle it on your own, someone will definitely tell you.  For more information, please email me or call me at 312-720-0082 or visit www.levinlawltd.com for information about our practice.

You Don't Like What I Have to Say? Why Not? I'm Not In The Customer Service Business

Hello to all my spring-loving Blogophytes!  Welcome to another edition of Chicago Law Source's News You Can Use.   In this edition, I aim to discuss what happens when people don't hear what they want to - and how we all can interpret, act and then react to that.  Just now, as in 10 minutes ago, I had someone sit down for an appointment with me.  Well.... actually, it was the 4th attempt at an appointment that the person finally showed up for.  I should have known...

Anyway, so this person, we'll call her "Nancy" to protect her identity, sits down and says she has a HUGE matter that she needs an attorney for.  In my mind, I am curious, but the RED FLAG did begin to fly.  Why?  Because like tales of a different kind, the more a prospective client says something is BIG, the less likely that it is big... or whatever.    So, the lady says it's big and she needs a lawyer to make some calls for her, but that there can't be any lawsuits because the time has expired.  Another RED FLAG then flies in my eyes, because anyone sitting in my chair who already knows that the time limit for action has passed has likely already been told by someone else, or internet, or whoever, and they are searching for some poor unethical soul to tell them that they will take it on, just to see if they are right.

Oh... the poor unethical souls out there.... they do accept such cases, I know.  But, alas, I am neither a poor or unethical soul, and I see red flags as RED AS THEY ARE, and my job is to ask questions, to get to the heart of this.  However, Nancy doesn't like my questions that she knows I probably already know the answer to, because all she wants is some unethical attorney to extort from her two victims (or as she calls them, lawyers on the other side already expecting her counsel to call), substantial sums of money.

This, I think, sounds fishy.  So, to dear "Nancy", I prompt, I ask, I respond and retort - "Why Nancy, why do you think you can get substantial sums of money just by a lawyer calling for you? What makes you think that if the time limit has passed to enforce an action that the other side is going to write you a check?"  When the response is "to avoid a case being filed" then I know I've got a real beauty on my hands.  Why?  Because when I or any other attorney spots a client whose expectations are unrealistic, impossible, unethical or just plain "outta this world" then it is our duty, obligation and moral requirement to set them straight.  

So how does this take shape?  I ask the simple question first:  "So, if it's just a matter of a simple phone call to ask for the $300,000 and they are waiting for the call, why haven't you called them and said everything you think I could say?"    When I was met with the only possible answer that could come from her of "Well,  because I am not a lawyer" then I knew that this RED FLAG had just flown its last flight.  So then I followed up with some questions about what would I back up a phone call or letter with, if I as, an attorney only have as my weaponry my ability to sue and inflict legal and financial pain, if in the face of a claim I knew was unwinnable due to the time-limitation issue, what then would I be backing up my call or letter with?  What could I gain if I called or wrote and we both knew I wouldn't sue?  Wasn't she concerned about paying me by the hour to get something that they aren't going to give voluntarily?  

Once "Nancy" explained with a straight face that they would absolutely, voluntarily, and just on my request hand over $300,000 or more, since she had already talked to them" I knew our time would be brief.  However, before I could cut the meeting short, "Nancy" sensed that I smelled a rat, and got up and said that I was not the lawyer for her.  Seeing as that was the truest and most honest thing "Nancy" had said the whole time, I had to agree.  BUT, that makes me wonder, do most clients think I'm in the business to tell them what they want to hear?

I suppose, yes. Well, folks, the right answer is NO.  No, I'm NOT in the business of telling people what they WANT to hear.  I am in the business of saying what needs to be said (Just ask my mother - she will tell you I've been doing this all my life).  I am not a "paid mouthpiece" or "spokesperson" who is fed my lines.  I only say things that can be verified, backed up, and acted upon.  I don't make calls to threaten anything I'm not capable or doing or that my client is willing to act upon.  I don't call lawyers and demand $300,000 just because my client thinks so, if at the time same I'm being told that a viable claim doesn't exist because the time-limit has passed.  Moreover, when the subject-matter was disclosed on this $300,000 demand, I advised that a particular kind of lawyer in this very specialized area should provide pertinent advice.  Although Miss Know-It-All-"Nancy" didn't want to hear it, she needed to put her phone and materials down and back slowly away.  

Instead, she left, quite disgruntled that I was not more agreeable.  Although I'm sure I won't be surprised if that turns into some interesting online review, I can say one thing, "Nancy" did me a huge favor just by being herself.  She saved me from a bad client experience, and I saved her, even for just today, from making a call that will not produce fruit.  No, I'm not in the customer service business and I cannot say that I'll take any client and say anything just to make a buck.

And... at the end of the day, I think that is a pretty darn good thing.  My morals in tact, I will live on spreading News You Can Use, on important legal topics.  Your Lesson for the Day:  Part of a Lawyer's Job is to Protect Clients and Prospective Clients, From Themselves.  

What Should You Do When Your Lawyer Tells You Something You Don't Like?

• Ask Questions
• Investigate
• Come Prepared With Facts
• Have Alternative Options 
• Be Prepared to Hire Someone Else
• Explain Fully Your Problem and Why You Think  Your Issue Deserves Legal Attention

Now, What You Should Do When Your Lawyer Gives You Advice:

• Listen
• Ask Questions
• Come Prepared With Facts
• Ask About What Alternative Options The Lawyer Thinks Are Worthwhile
• Be Prepared To Hire Someone Else
• Refrain From Getting Upset Because Something You Hear is Challenging
• Explain Fully Your Problem to Be Sure Your Issue is Worthy Of Legal Attention
• Listen
• Accept That The Lawyer Is Not Trying to Hurt You
• Accept That The Truth Hurts Sometimes

So, when all is said and done, if you have heard something you don't like or agree with in a legal consultation, don't fret.  There are thousands of lawyers in the world and many of them will take your money and tell you whatever you want to hear.  When you are ready to hear the truth, all you need to do is to seek out someone reputable, honest and with integrity, who looks you in the eye and shoots it straight.  All the best lawyers do.

For more information check out: www.levinlawltd.com and Happy Day!

Should We Meet? Probably, Yes, Definitely, Maybe

Hello and Happy Spring (for those of you who know what spring looks like and haven't forgotten as we have in Chiberia)!  I am coming to you with news you can use about ongoing attorney-client relationships, and in fact, any kind of professional relationship where people have to understand one another.  Hey... most people these days rely on their devices to keep them mobile and on the go, in any environment.  That's great!  However, sometimes in the world of "getting it done like the Big Boys" it makes sense that we old-school it and have meetings.  Nothing is truer than true than that in the world of lawyers having effective relationships with their clients.  

What?  Did I say "relationships with clients?"  Yes.  But hold on.  Nothing improper!  What I mean is, that since lawyers are people too (yes we are... really), that when we are hired by clients to do certain jobs, often times the job is done and it doesn't matter if lawyer and client ever actually meet.  In fact, when I started practicing law and did almost exclusively real estate transactions, often I would talk to the client for months via phone or email and wouldn't meet them until the closing at a title company.  Now that I am heading my own firm at Levin Law, Ltd., often it is the case that I am hired by out of state people or companies, and never have we met.  Now, maybe I have taken for granted that we could Skype, or FaceTime or whatever, but I know we can do it if we want to.  I would never deny a client an opportunity to meet me.  But, I must say that while I do not always require out of state clients or corporate clients to send someone over to my office, more often than not, when I represent individuals or Chicago-based clients, I nearly always have a meeting first before we begin.  Sometimes I might do everything remotely in the beginning.  However, if I smell any issue, confusion, irritation, delay or other problem - I am usually going to ask for a meet and greet.  It not only helps to air out any issues, it helps me know whether the client is serious about an ongoing business relationship.

So then... what should I make of a client who doesn't want to meet me, or who, after me saying that I believe it is necessary to continue our relationship for the betterment of our mutual understandings of one another, refuses to do so?  Strange, isn't it?  I thought so.    Here's the thing:  we never think it strange when we meet our dentists, architects, mail carriers or checkout people.  Those professionals are all "serving their customers" the same way that an attorney does.  Patients never think it strange that they have to make in-person appointments to see their doctor, despite the fact that often times the doctor may not need to physically touch them to conduct their consultation.  In the area of law, while it is true that the attorney and client likely don't need to "touch" one another, one of the main reasons for the meeting is for each side to get an "eye" on the other, for the purposes of establishing and building mutual trust, respect, information exchange, and for establishing good communicative styles.  

Doesn't sound so bad does it?  Nah... I didn't think so.  While in many cases there may be reluctance for one reason or another, or for the main worry that it will cost too much, what clients hardly ever understand is that the development of a trusting relationship founded in mutual business for one another, REQUIRES the investment of time, energy and trust and communication.  Sometimes, and I think we should all be agreeing here, communication is better live than it is via Tweet, Facebook, SnapChat or e-mail.  Sometimes we get more done by meeting than we do via texting or letter writing.  Sometimes still, it's necessary to be old-school while still being new-school-cool.  

Back to my problem.  When I had a client that didn't want to meet with me, I tried to corral helpers, in the form of other lawyers who were working with me on the issues for that client.  I figured simply, that if more than one person was asking for the same thing, it wouldn't be viewed as suspect, but rather a very simple thing that would be considered effective for the stated purpose.  Or so I thought.  Apparently it was not simple at all.  Anyway, since I can't tell you more, what I will say is that it created a huge situation and one that forced me to quit.  Wait.... QUIT?   Why?  Because.  I had to. 

When I as the lawyer determine that I need something, it doesn't matter what it is, my client needs to get that for me.  Whether it is payment as agreed, a witness that will make the case, or a document that is the "smoking gun" or a face-to-face meeting, when I or any other lawyer in fact, determines that we need the client to do something and there is a refusal, the options suddenly decrease dramatically.  Why?  Because the pillars or foundations of the relationship crumble rather quickly when there is a refusal on a basic, or a key thing.  I am hired because of my professional judgment.  So that means, when I exercise my judgement, it's sort of like I am exercising my "executive decision making capability" and I am the leader.  The leader leads and rules and the client has to do what they say.  That is how it must work if the lawyer is to lead the client to the promised land.

What do I mean?  Well.... as I mentioned, lawyers and clients need trust, communication, a problem to solve of sorts (or rather, the "reason" for their relationship) and the respect that is required for the relationship to work.  So.  When a client refuses to communicate in the way that the lawyer has decided is necessary for moving forward, or doesn't deliver something that is needed to do the job, even where multiple attorneys make that request, the import of the message is that something must be very important to those darn lawyers, and not that they are trying to waste time or money.  In fact, usually the exact opposite is true (i.e. that we feel we are wasting time so we want to get to the nitty-gritty of the thing).  While most people probably view lawyers are time-killers, in fact, we are usually the opposite.  We want to be efficient.  It's the client that often times prevents that from happening.  

How?  Well, when I ask for something and give a deadline, I just need it by the deadline.  Stop delaying, asking me, telling me and writing me.  Just deliver.  When I say I want a meeting, it's because I want to look you in the eye - and get to the heart of what you want and whether I can get it for you.  I need what I need, in order to get you what you need.  When I say something like "I'm just trying to do my job" the client must understand that they are the ones in the way.  IN the way?  Yes!  In the way.  The lawyer is efficiently trying to say that they must stop, listen and DO something.  So we are clear:  Stop.  Listen.  Do.

Nuff said?  Maybe.  Possibly, Probably.  Definitely. Hopefully.  So what is our main lesson for the day?  Come and see me when I ask.  I usually have my reasons, and they are hardly bogus if you want the job done right.

Signing off.... enjoy the Springtime... wherever you can be found!

Good afternoon and Happy March to the Blogosphere!  I found this gem on the 'net and thought I would immediately share with you.  I cannot take credit for this simple wisdom, but it is nonetheless true so please take to heart!

6 Documents Everyone Should Have

By Gerry W. Beyer

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Research shows that 70 to 80% of elders do not have advance directives giving instructions about end-of-life care.  Here are six documents everyone should have in place:

1. Medical power of attorney.  This document allows you to appoint an agent to make medical decisions on your behalf if you become unable to do so.
2. Living will.  This document details which medical treatments you do and do not want undertaken if you become incapacitated. 
3. HIPAA form.  This document gives people access to your private medical records.
4. Financial power of attorney.  This document, which goes into effect immediately after it is signed, gives someone the right to access all or a portion of your finances.
5. Letter of instruction.  Give your loved ones information about how to conduct your funeral services, whom to contact after you die, and whether you want to be buried or cremated.
6. Last will and testament.  Name your executor, appoint a guardian for your children, and determine who will receive your real estate, personalty, savings, investments, and digital assets. 

See Kimberly Leonard, 6 Decisions to Make Before You Die, U.S. News, Feb. 26, 2013

Levin Law Ltd has a new look on the web!

Check out our revamped and updated look!  Levin Law Ltd. - Chicago's one stop shop for all things commercial litigation, real estate, landlord/tenant and appellate law.



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Oops, I did it again! Named as an Illinois Rising Star for 2014 for Business Litigation by Super Lawyers Magazine!

Hi everyone! I'm feeling great so I thought I would share some really nice news (for a Saturday).  The 2014 edition of Super Lawyers Magazine is out and I have been privileged enough to be named for the 5th year in a row, as an Illinois Rising Star standout in Business Litigation.  

Check out the link below!

Super Lawyers 2014 - Digital Edition



I believe very firmly in the old saying that you should just do good work without always knowing who notices, and as time goes on, people will notice.  Well, that must be true because I have no idea how this happened once, let alone many years in a row.  To those who see me, thank you.  I will continue to do my best in the practice of law.

Cheers!  Have a great day, and if there are any topics my followers would like the to write about, please do drop me a line!  

How to Hire Me? Let The Lawyer Counsel the Client on How to Hire....And Build Trust

HAPPY NEW YEAR!!  Welcome to 2014.  The year of getting it all done.  Here with some news you can use, I would like today's post to talk about client retention.  That is.. how you should hire an attorney.  I have two would-be's who are giving me pause, and I felt like this is an excellent opportunity to use these two as examples of how to get off to a bad start with a lawyer.

As per my usual, I like to give tips on how to have a good relationship with your lawyer.  Folks, this starts off at the moment you contact me.  If you have found my name or any attorney's name online or via a referral from a friend, or even on a billboard, when you call, there are a few rules to know, for maximum respect and an interest to help you.  First, it's a good idea to leave your phone messages brief and to the point.  A good example of this would be as follows:

     "Hi.  This is John Jones, and I'd like to speak with you or someone in your office about a   n     landlord/tenant matter.  I'm a landlord and looking to evict a non-paying tenant.  I can be reached at ...........  Please call me." 

That is right, to the point and succinct.  We love that.  When a prospective someone goes on and on and tells me how they got laid off, and have no money, or they get into the real meat and potatoes of the matter, then there's little to talk about at a consultation which the lawyer should be getting paid for, and there is the message sent that the client has just run their mouth too much. Just leave a short message. It helps.

Second, when hiring an attorney, a client should expect a retainer agreement.  It's taught in school that this is a serious and formalized process that begins the attorney-client relationship and builds trust.  If I give you a contract and tell you that all blank fields must be filled out, you must fill them out.  If I ask for a credit card number and your social, then that means in order to hire me, you must provide that information.  Yes, if you don't pay, that helps me to collect.  However, when you open a checking account or rent an apartment, you give all that information up, including your checking account number - every time you write a check!  Hiring lawyers is no different.  When the attorney asks for information, although it must be used for a lawful purpose, the lawyer has the right to ask.  While the prospective client has the right to decline, the retainer of the attorney may hinge on just the paperwork being filled out.  You need to be clear on what is expected of you.  Be sure you understand.

Third, along the same lines, but in a different lane, another kind of prospective client asks an attorney to review a case and consider accepting it but then never really gets that far in retaining the attorney.  If you contact someone and want advice and tell them you are going to hire them - after many emails going back and forth if the attorney has to keep asking you for a meeting or when they will be given the file, the prospective client needs to understand that the lawyer is very soon not going to be all that interested in the case, if the "hiring" portion of the discussion doesn't get underway on the faster end of the discussion.  A good thing to remember is that if you are getting rid of your current lawyer, sometimes you just have to have a discussion and get rid of the current person before someone new can take over.  Big picture here?  Just do it already.  Get the file to the new lawyer, and properly complete the retainer process.  What dilly-dallying gets you is a lost case in court.

Overall, it's very important for would-be clients to understand is that justice doesn't wait while you do.  Cases are won and lost on delay issues and claims all the time.  You must act fast to preserve legal rights, and its important that then you hire counsel, you understand.

The best way to hire counsel is by following simple rules:

1. Be direct in communications.
2. Fill out all retainer paperwork completely.
3. Deliver all file materials, documents, photos, emails and a full chronology of events 
4. Be diligent in timing and do not waste time by procrastinating.
5. Be informed about the existing status of your case and pending court dates.
6. Be a good communicator!

All in all, the best advice is the simplest:  tell the truth and be on time.  Happy 2014 to all my loyal readers and please keep me in mind for Chicago based real estate law.  

Levin Law, Ltd.

Purchasing a Foreclosure or Short-Sale Property? Be Sure It's Empty, Folks!

Good afternoon everyone - it's been a while since I visited last.  I have some news you can use about purchasing in the real estate community since foreclosure sales and short sales are so popular. What is clear is that people can get a wonderful deal on a distressed property.  What may not be so clear is some of the pitfalls that become of vacant or distressed properties when the owners move out for greener pastures.  This holiday post is for all of you who need news you can use, about buying safe, smart and closing the deal.  In no particular order......

1)  Tour the Property Multiple Times Before Closing!

I have a client who is purchasing a great short-sale property that was in foreclosure in Chicago.  The property is zoned as a multi-unit, but the seller took out the kitchen on the second floor.  That effectively (although not legally) changed it to a single-family house).  THEN, when he decided he wanted a short sale and stopped paying the mortgage and moved out of state, he told a friend that he could stay there ("to protect the property.").  This "friend" then in turn, invited a few other people to come and stay.  When the client responded to the MLS listing, there were two people we were told were living there.  When they went back again to take some measurements and do the inspection, then there were 5 beds and closets full of things.  They began to worry - how many people were really there?  Would they be gone at closing?  

Your tip:  Be SURE that your contract provides that you obtain full possession at closing, and that all personal property and people have vacated.  Do NOT CLOSE if the people are not out.  The seller is obligated to get all of the people out, even if the seller is a bank.  If the seller or bank (or whoever is conducting the sale) will not provide assurances of possession at closing, then you need to be prepared to engage a real estate litigation lawyer to possibly start eviction proceedings once you close.  Beware, and do an inspection the day before.  

** Many people think multiple inspections are just for new construction or rehabs.  NO!!  You have the right to assess the property condition right before closing.  Take advantage of it.

2)  Inspect All Systems, Appliances and Fixtures Before Closing!

Most people know that a property inspection is a good thing to do.  However, in a short-sale or foreclosure situation it is imperative that you do so.  When a buyer tours the property it's all too easy to get distracted by imagining furniture placement or the new granite that would look so wonderful in the kitchen.  However, you must be sure the appliances work, can be fixed, or that you understand the costs involved for replacement.  They all affect your bottom line.  Often the water is shut off, or the property has been winterized.  It's important to understand what needs to be done to make the place livable, BEFORE you are past the attorney review and inspection provisions of your contract.  Take advantage of those contingencies in real estate contracts - they are there for the buyer's protection!

3)  ALWAYS Ask for Repair or For the Seller to Provide Repair Credit 

Many times when dealing with banks or with high-volume real estate firms that handle foreclosures and short-sales, people and realtors alike assume that they will never be able to negotiate a repair credit so that they do not bother to inspect like they should, and they don't bother to ask for credits because they mistakenly believe the seller will never agree.  ALWAYS ask for a credit.  What you do not know, is that just because the seller may not agree to repair or provide any money, is that the bank handling the short-sale or foreclosure has a certain amount they need to be paid off, and in many cases the bank may allow such a credit (which reduces what they receive).  It NEVER hurts to ask.  DO it.  You will thank me when I'm right.

4)  Do Not Be Afraid To Solicit Repair Bids Before Closing

SO that you understand your finances and obligations for repairing the property, usually a listing agent will provide necessary access to a potential/prospective buyer who is under contract, if they need time to obtain bids for work.  Often that work is wrapped into the financing so the lender will require it.  Be sure you schedule time to get that done before closing - which usually will require property access. Either realtor can get you into the property, so do not forget to get that done before closing.  It will make the weeks post-closing much smoother if you already know who to hire, what it will cost and what they need to get started to fix up the property.

All in all, you will definitely need a trusted realtor, attorney and contractor to help you with the often murky waters of foreclosures and short-sales, since so many can be time-consuming and complicated.  However, once you make it past those hurdles, you can get great deals in hot and up-and-coming areas.  

Good luck and happy holidays from Levin Law, Ltd!

Would the Sheriff Look at Facebook? Why Yes. I Would Know.....

Hello to everyone in the blogosphere.  It's been a while since I connected by sending you some news you can use, so today I have decided to share my experience attending a focus-group meeting with the Cook County Sheriff's Eviction and IT Team.  It was a really interesting, productive, and worthwhile meeting (even if I accidentally showed up two hours early and had to sit around with Starbucks!).  So why was I there, you ask?

Well, for starters, it all came up when I was filing an eviction and I was representing a landlord who had an unruly tenant who was troublesome.  I had asked the landlord for information about the tenant's hours, comings and goings, and for a physical description since he had a common name.  Then when I was doing the eviction, I asked at the Cook County Sheriff's Office Information Desk - was there a particular form I could use to provide them with some additional information.  They said I should fill out a suggestion for the "Suggestion Box."  So I did.

Well... low and behold, a week or so later, I received calls from a Sergeant in Charge, as well as in-house counsel for the Sheriff.  I was impressed.  Not only that, they invited me to submit all of my ideas and they announced the focus group - which of course I wanted to attend.  So today, I went and was able to meet and greet a lot of decision makers in the Sheriff''s office and IT people who are implementing a lot of good ideas to streamline the Sheriff's Website, to make evictions and process serves more effective, and to be better about communication.  But more importantly, they wanted to know what we think.  Me?  Little old lawyer me?  Yes.  They asked and asked again.  And then some. And it was not just me either.  It was a lot of people.

What did I say?  I offered suggestions such as improving Summons and Information Forms at the courthouse so t hat when someone is being served with any kind of legal service of process by the sheriff, the plaintiff should be able to describe them, provide photos, give information about the property (i.e. "use side gate" or the "code is 1234", etc.) so that their work is more effective and they don't get stuck.  Also, I suggested email case notice and real-time access in the courtrooms to the sheriff's data since court clerks and judges are often interested in those things (especially when the wiley lie about things like service).  I mentioned that private process servers get paid for success and that the sheriff's office should refund in certain circumstances since parties in Chicago are forced to use them when serving in Cook County in the first instance - it would be a way to give back for the forced use of their office.

All in all, it was a great meeting, but I took away something else.  I learned that government agencies are not always out to have their own way, and to corrupt the system.  Oftentimes they want to do good and they start by asking how they can be better.  That is excellent and gives me pause to tell Tom Dart, Sheriff of Cook County, that HE is doing a great job.  Thanks Sheriff Dart.  I'll be back at the next meeting with more ideas, and news you can use.  Until next time!

Forced to Accept Section 8? What? One Real Estate Lawyer's Finger to the Local Government

Hello Followers!  News just in to me.... I heard today that the Cook County (Illinois) Human Rights Ordinance is possibly going to be amended to force property owners to accept Section 8 Tenants, citing long-standing issues and the fight against "income discrimination."  I'm in SHOCK!!!  People who know me have heard me rant from time to time about Section 8 and the ridiculousness with which the program STILL exists.  In this possible ongoing installment, I'd like to comment on why property owners should not accept Section 8 vouchers, and they should be extremely wary of those people who have them.  In my lawyer's experience doing evictions and landlord/tenant work, voucher-holders, are simply not in touch with reality and thus, in too many instances, not good tenants to work with.

The Cook County Amendment basically creates a new classification of discrimination (i.e. "income") against which the ordinance prohibits conduct against individuals.  It creates a new protected class of persons, and thus widens the group of people who can make a claim of housing discrimination.  The existing prohibitions relating to fair housing and real estate are race, religion, sex, age, disability, among some others.  By adding a new group, those who are "income challenged" the Cook County Board has decided, that property owners may not choose specifically to refuse rent to someone on the basis of their income.

THAT IS RIDICULOUS!   First, I say this because that is the entire basis of the world order in this country.  Poor people can't afford mansions for a reason:  they are poor.  If a person cannot afford a swanky three bedroom condominium in the heart of the downtown area, then by golly, they should go and find something that they can work with.  If they can't find anything, then PERHAPS, they should re-evaluate their jobs, lives, cars, religion, friends, or whatever is holding them back from education, work and creating a realistic goal in regards to income.  It is, as a real estate attorney, manifestly unfair to a property owner to force them to consider the source of income only for the positive, and not be able to consider it as a negative.  If such rules are passed, then landlords may be forced to consider illegally obtained funds as well, say from prostitution, drug sales, and such crazy things as online gambling.  Why shouldn't the source of money count?  It counts to the IRS.  It counts in divorce court.  It counts when one applies for health insurance or medical care.  It counts when people ask for food stamps.  I am super excited for a reason that actually changes my mind about section 8 - I have YET to see it.

Second, what is often unknown about the Section 8 program is that a property owner is required to accept the vouchers through participation in a program and an actual contract with the housing authority.  As the result of that, the landlord has two contracts - the lease with the tenant which has its own set of provisions, and yet another contract - one with the housing authority, that prohibits how and when the landlord can evict, when the tenant can move.  Although some landlords don't mind this setup, it creates a forced business arrangement and shoves down the landlord's proverbial throat, a partnership that may not be welcome.  That to me, is unconstitutional.  

Third, has anyone ever really examined the amount of rent that the tenant pays in a housing voucher program? It's so low that a high schooler could afford it. So then, what that does is teach the recipient that they do NOT have to work hard, get an education, or work to reach a level where they can afford more.  It teaches, by implication and example, that the costs associated with a productive life do not have to be paid, because "there's a coupon for that."  It creates a situation where the voucher-holder/tenant starts to think that $1000 a month is crazy-expensive and improper, when the majority of us tax-paying, hard-working, educated-ourselves-to-make-a-better-life have to pay "market rent" or higher, to live where we want to live.   If a person begins to think that the correct price for housing is $100-400 a month, then they are never put in a position to work for more, thus keeping themselves in the vortex of poverty that they supposedly want to get out of.   Let's teach a man to fish here, people.  

Now, I could go on and on about how I feel about this.  But what is important here is the fact that in Cook County, Illinois where I practice, this could really create a fuss.  I'm 100% positive this will be challenged in court and to some degree, and I'm very excited for this prospect.  I think that our government, even at the local level, in this instance, is playing Big Brother, and poorly at that.  If people on the Cook County Board care so much about low-income residents, then perhaps they should be spending time educating people on what life really costs, and encouraging people in Chicago to stay in school, stop selling drugs and shooting each other, and to aim and reach higher than the CHA Section 8 Program.  The rest of us, working our tails off to pay our market rent and mortgage costs, whose taxes pay the Cook County Board's salary and whose tax dollars and consumer dollars have to subsidize these foolish and lazy entitlement seekers, will thank you for your time well spent. 

If you get the chance and are in Chicago and agree:  Let your Alderman know your thoughts.  As a real estate attorney, I would recommend that all property owners fight against this.  You can't be forced to do business with any entity that you do not want to do business with.  You may not be able to de-select people because of race, religion, age, or protected status.  However, income is NOT a valuable or fair protected class status in my opinion.   If you can't afford it, that is just too bad.  It happens to the rich and middle class, and the poor should not be put on a pedestal to get that which they have not earned, all the while forcing a landlord to rent to them when he or she would not otherwise qualify them based upon income.  

For rants, raves, facts and news you can use, always feel free to check us out, like our Facebook page, or just leave a note.   

2013 LANDLORD TENANT SEMINAR by LEVIN LAW LTD.

Hello All in the Blogosphere!  

We are just sending out a quick announcement that for Landlords, Tenants and anyone interested in real estate, there will be a FREE LANDLORD SEMINAR sponsored by NTN Online (a fantastic tenant screening service), tonight at the Oak Brook Illinois Public Library.  It starts at 6pm!  

COME JOIN US!  Levin Law's own, Alisa Levin, the resident know-it-all about all things real estate law related, will be speaking!  

You Want to Quit Claim What?  How Being a Quitter can Hurt...

Hi All in the Blogosphere!  Good to be with you.  As some of you may know, I am a once-a-week law professor at DePaul University College of Law, where as an adjunct, I teach real estate drafting.  Today from one of my students, I got some questions about quit claim deeds in real estate.  It got me to thinking... what does the "average person" know about quit claims?  Not that much it turns out.  So, in my style of styles, I decided to pop in for a quickie-post, and to say a thing or two about Quit-Claim Deeds.  They are not that great for all involved.

First, a quick history lesson:  Back in the old days, when the kings or knights would bestow a land grant upon a lesser serf, they would transfer a "clod" of dirt and say some special words to transfer the land.  As Roman law became more the norm and it became accepted practice to draft documents, it was decided by someone (probably some kind of medieval lawyer of sorts) that there should be a uniform way of recording these types of transactions.  Gone was the dirt, and in came the deed, shiny and new and pleasantly uniform for all the kings, knights and lesser beings to have and to hold.  As time went on, there was a need to differentiate between the kinds of promises that one would be granting with the conveyance, so different kinds of deeds were born.  

Without going into every kind of deed, let it be simply said that a "warranty deed" carries with it a full warranty that the owner has good title and that he absolutely owned the property free and clear of all claims and had the authority to convey it.  The opposite of a warranty deed became known as a "quit claim" deed, which by its  nature carries no warranty of anything and does not protect the  buyer if there is at title claim - like a warranty deed would.  A quit claim deed transfers only what the transferor/seller has, and that may not be much.  

True for all deeds, in order to be truly effective, they need to be recorded in the county or parish or government sector where the real estate is located, so that there is a written record to all who look as to who (or what) claims ownership or any interest.   When banks began to make loans way back in the dark ages, the interest became known as a lien and the lien-holders can use their interest to force a sale of the real estate to protect their positions.  

If a person owns property and has purchased through a title company, then likely they have been issued a warranty deed or a special warranty deed.  If someone acquires property in a private transaction without recordation or title company involvement, then they may have received a quit-claim deed.  What differentiates these transactions is that with a warranty deed there is full assurances and legal requirement of the person giving the deed that they fully own their interest and can dispose of it.  In a quit-claim situation, there is no such promise.  That is, you get "whatever they have to give, which may not be much". 

So what does that mean?  I say!  I say!  My advice to all who read this:  Beware of quit claim deeds.  They are to be used only for transactions where you KNOW the person from whom you are getting the property.  I would not recommend ever dealing with a third party whom  you do not know personally, intimately, or at least have done business with before.  Why?  Because if someone wants to do a quit claim deed, then chances are they do not want to offer title insurance, they do not want to go through the proper lawyer or title company closing requirements, and they do not want to pay for the legitimate closing services that are usually performed in a legitimate situation.  No warranty can mean big fraud.  Now, I'm not saying that every Aunt Sally who deeded to her grandkids was bad.  I am saying that Aunt Sally isn't doing anyone any favors by giving a quit claim without a proper closing and assurances to her kids that she has the authority to do it and that her house is not subject to some other claims she didn't want to tell you about.  That's all.  Just because they be family, don't mean they are nice!  Eh?

What is the bottom line, news you can use?  For all legitimate closing transactions for the conveyance, purchase or sale of real estate, you should be going through a title company.  Hire a lawyer to look things over.  Do it right, on the level and be sure you are protected... on either side of the dividing line.  Getting a quit claim can mean that you got nothin!  And we all know that getting nothing just ain't fair sometimes!

Have a great day!  Enjoy the springtime!

The Cost of Default: Tips for Avoiding Buying the Other Lawyer a Mansion

Hi All... Happy Saturday.  I've been working on assisting a client in a lawsuit, who is currently facing a Fee Petition based upon a default in a mortgage.  Now, without getting into the particulars about the client, the case or the firms involved, let's just say that the petition alone is nearly 4 inches thick with listing and journal entries of legal fees and costs, that are being claimed by the other side.  My job in this matter, is to assist in getting as much time as possible as well as reducing my client's costs.  It's quite a task.  I'd like to share some News You Can Use, on avoiding paying legal fees, and in contracting so that in the event of a lawsuit, you can skip altogether, having to face a petition like this - as they can be daunting (not to mention, they can double the damages, easily).

First, in most states, the "general rule" is that each side pays their own costs for lawyers.  However there is a HUGE general exception to that rule, which is that where there is a contract provision that covers fees, or a statute/law in place that mentions fees, then one party can recover legal costs from the other.  That can translate into humongoid / ginormous fees, if such a petition is won.  As such, it's hugely important that in any industry, and when contracting over ANYTHING, that parties understand (and when I say "parties" what I mean is YOU!!) that every contract should mention fees, but it needs to shift them away from you in the event of a loss.  For example, if you are a landlord in a lease (it doesn't matter if it's commercial or residential), then the tenant should bear costs of enforcement or legal action.   That way, recovery does not depend on whether the eviction is successful, and "enforcement" and "legal action" can be broadly defined.  Likewise, if you have two construction companies, say, like one general contractor suing a subcontractor for work (or even the other way around), each company should be examining how, in the event of a legal issue like a disagreement about payment or performance under the contract(s), how can the wording be tweaked to shift the fees to the other side.  Usually the best way to do this is to have a "prevailing party" provision, so that each side bears the risk of losing the case, and the winner gets to recover his fees paid.  This provision could be limited further by using language such as "prevailing in establishing a contractual breach of this contract" or "prevailing in any cause of action except negligence" or "prevailing to be defined as a judicial determination that one party is more than 50% responsible...".

What I'm trying to say is... the parties to any kind of contract should really review the language and try to find not only common ground, but a mechanism to evaluate risk up front, and to deal with the heavy costs associated.  It does not have to be long, but the language should cover the risk and apportion it.

Next, when I talk about fees, another important thing to understand, is that large law firms, and indeed, even small firms, charge ALOT.  In my particular case, the lawyers at "Big Law" are charging $570 an hour in some cases, and they are charging $.18 for each piece of paper printed.  Their paralegals are being billed out at $285 an hour, and that has translated into a claim for fees of nearly $1M.  Those are big numbers.  While every state has its own method of dealing with claims like these, let me tell you that where the contract in court has a provision that allows fees, where the petition is done correctly, the judge awards them.  Thus, in big cases, or even small cases that take a really long time, the money is big.  We don't want lawyers to be getting mansions on your dime now do we?  (Well... mansions are nice, but I like mine earned fairly).  Here, what John Q. Public needs to understand is that you can't control the cost of the other side's lawyer in a dispute.  As such, if you as an individual or through your company hire counsel and try to be cost conscious, that's great, but it may not help you if you are sued or suing and the other side wins.  Then, you John Q. Individual or John Q. Company, Inc., may be paying up BIG-TIME if a judge rules against you.

That is exactly why in contracting, whether over hiring a carpet cleaning company, construction, leasing, and hiring/employment contexts, among others (and anything, really), the parties to contracts should carefully read the contract and be sure of what it says.  Hiring counsel to review is also a great idea, and it doesn't cost that much.  A good lawyer will charge for an hour or two of time just to read and comment.  It would be more to negotiate, but certainly counsel can be hired to peruse, comment and suggest - all things that help at the contracting stage.  It helps if you have a lawyer on hand, but relationships can be groomed at nearly any stage.

Your Tip:  Be Savvy and Proactive.  It helps.  It keeps costs down.  It reduces risk (or keeps you in the KNOW about your risk if it cannot be shifted).

All in all, read people.  READ!!  

Have a great weekend and look for more as usual.

Cash is King... Except for When Paying Rent... Yo!

Hello All.... Happy 2013 to all of my loyal.. and soon to be loyal subscribers.  I have received a few calls this month about paying in cash, and I thought that I would pop in to say hello and to send you a few good tips from the real estate lawyer trenches on the subject of "greenbacks."  Sure it is convenient to just fork over your rent payment after you've been to the Currency Exchange to cash your paycheck. It is definitely nice to have your landlord just pop on by for a cash payment on the 1st when he wants some money.  However, as I am known to do from time to time, I have some strong feelings on this topic that I'd like to share with you.  So here it is:  news you can use on cash-ola!

For Tenants:  NEVER NEVER NEVER Pay Your Rent in Cash, UNLESS You Get a Receipt!  

Time after time I get calls from people who ask me to assist them in defending against an eviction.  They promise me and swear up and down they have paid the rent.  However, when I ask for proof of those payments, the response is usually something like "uh... I paid cash... I ain't got nothin' to show about it... but I paid!!"  Well, yes, you probably did pay something.  However, if you can't prove that to your Granny, then you can't prove in a court of law!  I don't care how loud you yell... if you don't have a receipt, then sorry buddy, but you ain't got nothin'!!  Rent and mortgage are the most important payments you make all month.  Be sure to track and retain receipts.  If your landlady doesn't give you a receipt, then make one!  It's easy.  Just do it.  I said so.

For Landlords:  Be Wary of People Who Pay Rent in Cash

If you were a landlord... would it matter to you if your tenant had a bank account?  NO?  Well, it should.  Why?  Because people who have bank accounts, usually do not bounce checks.  Good old Bank of America or Chase will close the account of anyone who writes too many NSF checks, so if a person has a bank account, then chances are they have a job (or had one) and they probably can prove that they have decent credit.  On the other hand, if someone does not have a bank account and pays only in cash, then while they might be wonderful God-Fearing people with an 800 credit score, more likely than not, they have some issues that might prevent them from being a good tenant.  It is best to consider, as a rule, that people who do not have a bank account or only pay rent in cash or money orders, have some issues that might need to be explored.  Just saying...... paper trails are good and when people do not want one, you may wonder.

As a note on the eviction process.... a court will consider examining receipts for money orders or hand-written receipts.  HOwever, since those can easily be forged, the best policy to protect both landlords and tenants is for the landlord to require and the tenant to write, a check every month for the rent.  Why?  Just do it!  I said so.  It's good for you.    When I conduct landlord-tenant seminars for NTN-Chicago (check my website for dates), I always tell landlords who attend that they should make it a policy to require that their tenants pay them with an established checking account. Why?  It's good for them.  I said so.  When people balk at this and ask me why any landlord would not want cash... I simply remind them that yes, cash is king.  However, when dealing with people who choose not to be on the "radar" then one must wonder why.  What you might find would likely surprise you. 

So, rather than look under the radar... best to just make a few simple rules about renting and paying - that everyone can live with.

For additional tips, questions and suggestions, feel free to comment, Like our Facebook Page (Levin Law, Ltd) or just drop a line!  

Tell Me How You Know Me! Guides and Tips For Building Relationships

Hi All!  Time again for a bit of news you can use, and something that helps me to help you in the process!  We all have likely had times where someone we know recommended something to us.  Or, we've seen a sign or advertisement that intrigues us and so we make that call.  Often I receive referrals from colleagues, or former clients, or people see my fabulous "bus bench" located on the corner of Chicago Avenue and Western (Chicago IL) and they see my smiling face and decide to call me for legal services.

What I want to know though... when you call me... is HOW did you learn about me?  Sometimes people who call me are so eager to get to the meat and potatoes of why they are calling, or so fascinated by the words of wisdom that I have imparted, that we wholly forget some of the basics, such as: how you found me!  I decided to write this small piece because when I got the bus-bench, I thought that I would be inundated with calls.  I wanted to know how many people saw the ad, and would it be worth it for me to keep it up, or to possibly focus on some other more profitable advertising.  Sometimes I want to know how you found me because I would want to thank the person who gave you may name.  Others still, I may want to know because I write articles like this one, and I have a web presence, I want to know how that is performing.

All small businesses like to know that their efforts to be relevant, current and in your face would appreciate knowing how you found them.  If you are calling any kind of professional, it's always great if you offer how you located them among their competition, so they can evaluate their advertising, market presence, and reach in this ever-changing global, Facebooking community!  It's a great way to build immediate rapport with me, and definitely helps me.  I usually forget to ask, and so I thought I would put a "shout out" to the world, that I do want to know how you find me.  I want to know if you think I should be saying something specific, or writing on something - and I want to say that all of this feedback is important.

Do let me know!  You can see our Facebook page "Levin Law Ltd." and be sure to LIKE us! Or check out www.levinlawltd.com

Best to you and yours in the New Year and look for plenty of News You Can Use in 2013!

Let the Buyer BEWARE: How Internet-Based Real Estate Auctions May Leave You Wanting More... (in not such a good way)

Hello my friends... it's been a while since I popped in to tell you about life in the real estate trenches and provided you news you can use.  Well, I've got another doozy of a file and story to share, which can possibly save you some greenbacks when searching online for the impossible mecca of real estate finds: the online auction.  These days, with banks having more inventory than they can use or desire to have, they are finding new and creative ways to dispose of real estate.  This climate may be a buyer's dream - availing you of opportunities to buy prime and distressed properties at a premium - saving you time, money and expenses.

HOWEVER, there are many risks of purchasing property in online auctions, E-Bay Style, and I'm here today to share with you some risks that you MUST be aware of, if you are to engage in the game of online bidding.  A breakdown for you, my friends, of the top 5 Risks in Auction Real Estate:

1. READ THE FINE PRINT.  You may think that the online buying format is very simple, quick and to the point. What you may not realize, is that the fine print takes away whatever the BOLD print gives you.  Case in point:  I have a client who found a distressed/foreclosure apartment building for $150,000 in Chicago.  Seemed like a great deal, until he got past the contract and into addendum's to the contract which took away everything that the contract had given.  He was prevented from inspecting, obtaining any information whatsoever, and was required to close all without the benefit of having information necessary to close.  This is a bad idea.  Be sure to read very carefully and understand what you can and cannot do in such a situation.
2. DEMAND INSPECTION RIGHTS AT CONTRACTING AND BEFORE CLOSING.  Regardless of what any contract may provide, do not agree to buy property in any condition, from any source (online or otherwise, realtor or not) without having the right to inspect fully (with a licensed inspector) at least once.  Any selling party who prevents inspection, invites lawsuits.  DO NOT CLOSE WITHOUT AN INSPECTION.  PERIOD.  END OF STORY.
3. DEMAND MARKETABLE AND MERCHANTABLE TITLE.  In a foreclosure situation, you may be getting whatever bad title the seller has to sell you.  That is unacceptable.  You should never purchase from a party you don't know and accept a Quit Claim Deed at closing.  As an incoming purchaser, especially in an online/bidding-auction type real estate transaction, you must be sure that the title you obtain in the purchase/sale, is good title, subject to the guaranties of the seller and their assurances of good title.  Marketable title means there are no encumbrances, liens, issues which could come up to impede your title or cloud it.  A title company must sign off on this and a Quit Claim Deed does not provide the warranty of title that is so important in real estate - EXPECT AND DEMAND IT.
4. PROCURE TITLE INSURANCE YOURSELF IF SELLER WON'T PROVIDE IT.  You cannot be forced to close on any property without title insurance.  It matters whether or not a title company will insure a property, so it makes sense that you should test this by taking the transaction and closing it at a reputable title company which is licensed in your state.  If the seller refuses, you have a really good reason to cancel the transaction.  A buyer has the right to protect himself, and if you don't, you may be sorry.
5. WALK AWAY IF YOU HAVE TO.  There is nothing wrong with canceling or terminating a deal because you feel unsure.  Usually the contract provides for such a right, but just because there is nothing spelled out in the contract does not mean you cannot cancel.  Unless the seller is prepared to take you to court to force you to buy the property, the most you usually can lose is your earnest money and even then, that is not necessarily up for grabs in every transaction.  It's recommended you seek the advice of a reputable and competent real estate lawyer who can review the situation and work with you to terminate officially, peacefully and for a full refund of your earnest money.  

It was strange for me to threaten to put my "dead body" over the closing table - but I had no other way to convince my client that $150,000 was not that great of a deal when he didn't get any guaranties that the seller even had the right to sell the property, that he didn't know who lived there and might never know, and that the seller wouldn't even let him inside to look around before buying.  My client finally agreed and we terminated the deal - even though the contract never said anything about the buyer canceling.  Because I was very strong in my language the seller knew that if they did not return the earnest money, their contract may be tested in court, so my client was able to cancel.  

Now, I can't promise a clean exit in every situation, but I can say that it was the best thing for us to cancel this deal - because it was simply too good to be true and we knew that moving forward was too much of a bad risk to take on.  Our bottom line:   Risk is good, but it must equal reward to be good enough.  

Your Use You Can Use?  Be Careful and be Selective!  Real Estate can be very tricky and the consequences of a bad deal can last for many years.  Be CareFul and proceed with caution, every deal, every time.  

Happy Bidding and Happy Holidays, from The Law Office of Alisa Levin - Your Chicago Law Source!